Top Ten Problems under the FLSA

The Fair Labor Standards Act (“FLSA”) is a sweeping law that governs who is exempt and non-exempt and how employees must be paid. From a seemingly simple rule that requires extra pay when an employee works more than 40 hours in a workweek, the Department of Labor and the courts have created a complicated landscape for employers. We have seen many well-intentioned employers make decisions about pay that lead to inadvertent legal exposure.

In this two-hour training session, we review the key points each employer needs to make sure its pay practices accomplish. We look at complicated pay for travel time, how to calculate an employee’s regular rate of pay when the employee receives more during the year than his or her hourly pay, whether a particular position is exempt, the signs of a true independent contractor relationship, rules on docking the pay of a salaried employee for disciplinary reasons, maintaining compliance around meals and rest periods, managing pay issues for telecommuting employees, and much more. Mistakes will happen in isolated situations for individual employees. But after this training program, you will recognize how to remedy and avoid any systemic deficiencies and how to respond when the next employee complains that his or her pay was not properly calculated.